Fed. Circ. Mulls Rule For Declaratory Judgment Jurisdiction

Law360, Washington (January 9, 2014, 5:30 PM EST) -- A Federal Circuit panel on Thursday mulled whether it should create a bright-line rule about the criteria required for plaintiffs to meet standing to bring declaratory judgment complaints, in a patent infringement appeal by DuPont Co.'s subsidiary Danisco A/S against rival biotechnology company Novozymes A/S.

A three-judge panel seemed cautious about reversing a lower court's dismissal of Danisco’s preemptive suit against Novozymes over a patent directed toward a genetically engineered enzyme for converting corn into ethanol. Danisco concedes that Novozymes had not directly communicated any intent...
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